Defending Rights. Fighting Injustice. Start Your Defense
Protective Orders Defense in San Antonio, TX
Defending Your Rights in San Antonio
After citizens are arrested on suspicion of domestic violence, Texas law allows the local criminal district attorney's office or a private lawyer representing the complainant to petition the court for a Protective Order prohibiting the accused from entering the family's residence, possessing a firearm, or having contact with the complainant or even the accused's children.
In a hearing to determine the merits of a Protective Order allegation, the applicant must prove by a preponderance of the evidence that family violence occurred and is likely to occur in the future. Protective Orders are generally issued for two years from the date of the order.
A potential applicant can seek a Protective Order even if there has not been a related domestic violence criminal case or arrest. A Protective Order lawsuit is filed independently from any pending criminal case but can have a substantial effect on your criminal record. Aside from the very restrictive conditions of a Protective Order, improperly defended Protective Orders can also result in an "Affirmative Finding of Family Violence."
Affirmative Finding of Family Violence
The collateral consequences of an Affirmative Finding of Family Violence include:
- Automatic enhancement of a misdemeanor family violence charge to a felony
- Restriction on your ability to own a firearm under federal and state law
- An effect on your ability to be named a joint managing conservator of a child in a divorce proceeding
- Deportation if you are a non-citizen
- An order requiring you to pay monthly spousal maintenance of up to $2,500 upon divorce
Even though they are civil in nature, many Protective Orders are prosecuted by the local criminal district attorney's office. This is significant because, in most cases, this is the same office that would be prosecuting you for any alleged crimes that may have occurred in relation to the Protective Order. Additionally, a skilled San Antonio criminal defense attorney needs to properly educate you on maintaining your Fifth Amendment right against self-incrimination to prevent the prosecutor from eliciting evidence from you that could help prove currently pending criminal charges or serve as the basis for new charges.
ONE TEXT MESSAGE CAN VIOLATE A PROTECTIVE ORDER
The terms Restraining Order and Protective Order are often used interchangeably but have very different consequences. The main difference is that a violation of a Protective Order is a crime. If it is alleged that you have violated the terms of a Protective Order, you can be immediately arrested. Sending one or more text messages is a common alleged violation. As you can see, even if you do not necessarily have an objection from staying away from the complainant, you need a San Antonio criminal defense lawyer to help you navigate the complicated waters of domestic violence.
Complete one of our contact forms for a free case evaluation today!
Reduced Aggravated Assault with a Deadly Weapon
Deferred Aggravated Robbery
Rejected Aggravated Sexual Assault of a Child
Dismissed Assault - Family Violence
“I would highly recommend him if ever you need an attorney.”I contacted Mr. Ambrosino about an issue we were having about two months ago. He was very responsive and always easy to communicate with. If ever I had a question during the process, he was quick to respond with an answer. He was kind enough to even email me while on vacation with his own family which showed he truly cares about his clients. Mr. Ambrosino took the time to educate me on the current laws and the court process. He sent me all the court filings and paperwork for my own files and always kept me up to date. In the end we received the outcome we were hoping for and I attribute that to Mr. Ambrosino’s hard work and knowledge. I would highly recommend him if ever you need an attorney. Thank you for your help Mr. Ambrosino.- C. S.
“His great reputation is very well deserved.”Rob was incredibly helpful with my case needs, and provided the exact outcome I was hoping for. He was professional and attentive throughout the entire process. Rob was very quick and timely with all of the efforts and actions. He kept me informed and updated about every aspect of the proceedings. I highly recommend Rob for his fantastic work. Besides his professional work, he was patient, understanding, and sensitive to my situation. His great reputation is very well deserved.- A M.
“Amazing lawyer, my first experience having a lawyer and he made it worth it”Wouldn't have had anyone else by my side. Amazing lawyer, my first experience having a lawyer and he made it worth it. Doesn't charge a lot and his work is accurate and promising! Thanks again.- Cass T.
“Mr. Roberto Ambrosino is an amazing lawyer!!!”Mr. Roberto Ambrosino is an amazing lawyer!!! I can not speak highly enough he is quick, efficient, and professional! I did everything online, through mail, and the phone. He kept in touch about every aspect of my case. After I sent documents and made a payment he approached the judge soon after and my case was closed. I am extremely pleased with his services. I highly recommend him. Now a few years later I reached out to him again regarding obtaining documents and again he is very communicative and on top of everything. I am a very satisfied customer.- Kasia S.
“If anything should arise in the future I will definitely be back to see him!!”Mr. Ambrosino is Amazing he answered calls at any time I had a question! Very informative with me about my case, even though I was very doubtful he continued to brighten my spirits and with all his hard work and continued push threw he got my case dismissed. If anything should arise in the future I will definitely be back to see him!!- Amanda S.
“Mr. Ambrosino is a true professional. He truly delivers on his word.”- Jesse B.Mr. Ambrosino is a true professional. He truly delivers on his word. When the prosecutor pushed back to prevent my acceptance into the PreTrial Diversions Program, Mr. Ambrosino fought back and earned my acceptance into PTD. Once I am done with PTD, he will be expunging my charge so that my record is clean for graduate school. Thank you Mr. Ambrosino.
“Great attorney if you find yourself needing one.”Great experience. Very professional, fast with getting back to you with your questions. Great attorney if you find yourself needing one.- Alfonso C.
“He was able to get my case dismissed when all other lawyers told me that it would be impossible.”Mr. Ambrosino is an amazing lawyer. He is very matter of fact and to the point. He was able to get my case dismissed when all other lawyers told me that it would be impossible. I never felt like he gave me the run around with my case. He was always available to answer any questions I had. I would definitely hire him again.- Lucy V.